Directory_and_Chronicle_1867 — Page 156

MAN

Collector to decide amount

of Stamp Duty to be impressed upon any Deed, &.c.

The Governor may in certain

cases order the

proper Stamp to be impressed.

Remission of Penalty.

The Stamp impressed under the preceding Section to be taken to be the proper Stamp.

In cases falling under Section XVI, Civil

Courts may receive in evidence nnstamped or insufficiently stamped Deads on payment of

the proper

Stump Vaty and Penalty. Procedure on payment under proceding Clanse.

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THE STAMP ACT.

Clause 1 Whenever a doubt shall arise respecting the proper amount of the Stamp to be impressed under this Section on any Deed, Instrument or Writing the Collector of Stamp Revenue shall determine the amount of Stamp to be impressed upon such Deed, Instrument or Writing.

Clause 5. In any case falling within this Section in which it shall ap pear to the Governor that the Collector of Stamp Revenue has directed an improper Stamp to be impressed upon any Deed, Instrument or Writ- the Stamp so directed to be impressed upon such ing the Governor may Deed, Instrument or Writing shall not have already been impressed there- upon, order the proper Stamp to be impressed upon such Deed, Instru- ment or Writing upon payment of the proper amount of Stamp Duty and the penalty to which the holder of such Deed, Instrument or Writing is liable under Clause 1 or Clause 2 of this Section.

Clause 6. If the Collector of Stamp Revenue be satisfied that the omission or neglect to execute such Deed, Iustrument or Writing on Paper bearing the proper Stamp arose solely from urgent necessity or unavoidable accident, he may remit the penalties prescribed by this Section.

No unstamped or insufficiently stamped Deed, &c., to be

stamped except as aforomid.

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XVII The Stamp which shall be impressed under the last preceding Section shall be taken in any Court of Justice to be the proper Stamp re- quired by this Ordinance for the Deed, Instrument or Writing on which the same is impressed.

XVIII. Clause 1. In any case in which a Stamp might be impressed under Section XVI of this Ordinance, any Civil Court may receive in evidence any Deed, Instrument or Writing not bearing the Stamp pres- cribed by the Schedule annexed to this Oridnance on payment into Court of the proper amount of Stamp Duty to be determined by the Court, whose decision on the point shall be final, together with the penalty re- quired by the said Section.

Clause 2. An entry of such payment setting forth the amount thereof shall be made in a book to be kept by the Court, and shall also be endors ed on the back of the Deed, Instrument or Writing, and shall be signed by the Court. The Court shall at the end of every month make a ReturTI to the Collector of the Stamp Revenue of the Money (if any) which it has so received distinguishing between the sums received by way of Penalty and the sums received by way of Duty, stating the number and title of the suit and the name of the party from whom such money was received and the Date (if any) and description of the document for the purpose of identify- ing the same; and the Court shall pay over the Money so received to the Collector of Stamp Revenue or to such Person as he may appoint to receive the same, and the Collector of Stamp Revenue or other proper authority shall upon the production of the Deed, Instrument or Writing, with the endorsement hereinbefore mentioned cause it to be stamped thereon with a Stamp of the amount paid into Court on account of such Duty. The provisions contained in Clause 6 of Section XVI as to the mitigation or payment of penalties paid to the Collector of Stamp Revenue shall be applicable to penalties paid into Court under this Section.

XIX. No Deed, Instrument or Writing executed on unstamped or insufficiently stamped Paper other than an agreement by letters shall be stamped at any time after the execution thereof except as hereinbefore provided or with the sanction of the Governor.

THE STAMP

XX. When in any case other than the cases provided for in Sections Procedure in XVI and XVIII of this Ordinance, any Person shall entertain any doubt cases other than respecting the proper amount of Stamp Duty for any Deed, Instruinent or those provided Writing, he may apply to the Collector of Stamp Revenue for an adjudi. for in Sections pay a cation with a view to reriove such doubt and shall at the same time Fee of Ten Dollars for the saine, and thereupon the Collector of Stamp Revenue shall determine the amount of Stamp which such Deed, instry ment or Writing should bear, and on payment thereof shall cause such Deed, Instrument or Writing to be impressed with such Stamp and an additional Stamp denoting that such adjudication Fee has been paid. A Deed, Instrument or Writing so stamped, shall be received in evidence as properly stamped in any Court of Justice.

XVI & XVIII for determining proper amount of Stamp Duty to be impressed or any Deed.

XXI. The Government shall not be responsible for any loss or damage Government not which shall occur in respect of any Deed, Instrument or Writing, entrust responsible for ed to the Collector of Stamp Revenue for the purpose of being stamped, loss or damage and no Person employed by the Government in the Stamp Office shall be to Deed, &c. responsible for any such loss or damage unless such Person shall wilfully, fraudulently, or by gross negligence cause such loss or damage.

XXII. The provisions of Sections XVI and XVIII shall not extend Provisions of

to Billa of Exchange or Promissory Notes or to Receipts for Money.

Sections XVI and XVIII not

pro-

to extend to Bills of Exchange, &c. XXIII. Every Person receiving payment of any sum of Money the Expense of receipt for which under this Ordinance requires a Stamp shall (if required) riding Receipt, give a receipt bearing the Stamp indicated by this Ordinance and shall Stamps, &C. bear the expense of furuishing the same, and in case of refusal, shall be liable to a penalty not exceeding Fifty Dollars. The expense of providing the Stamp of any Bill of Exchange, or Promissory Note shall be borne by the Person making or drawing or negotiating the same.

XXIV. Every provision contained in the Schedule annexed to this Ordinance shall be of the same Force as if it were contained in the body of the Ordinance.

Effect of provi- sion contained

in the Schedules.

XXV. The Governor in Council may from time to time by an order Governor in to be published in the Government Gazette direct that such lower rates of Council may Stamp Duty as he shall prescribe shall be taken ou all or any of the Deed, lower Rates of Instruments or Writings specified in the Schedule annexed to this Or- Stamp Duty or dinance or altogether exempt the same and in like manner as occasion altogether shall require cancel or vary such Order to the extent of the powers hereby exempt the given. Such cancelmeut or variation shall also be notified in the Govern same &c. ment Gazette.

XXVI. Clause 1. If any Stamp shall have become damaged, spoiled, Renewal of or unfit for use either by any accident happening to the same or because damaged or of some error in the drawing up or copying of any Deed, Instrument or spoiled supo Writing thereupon, which being discovered before such Deed, Instrument or Writing shall be finally signed and executed, renders the same of no avail; or when by reason of the death or refusal of the party whose signature may be necessary to effect the transaction intended by such Deed, Instrument or Writing it remains incomplete and of no avail; or when by the refusal of any office or trust that may be granted by a Deed, Instrument or Writing it has failed of the purpose intended; or if any Deed, Instrument or Writing duly stamped shall not have been finally executed by reason of any accident having happened to the same, or because of some error in the drawing up or copying thereof having been discovered, the same is rendered of no avail: or if by reason of failure of consideration the transaction intended by auch Deed, Instrument or Writing cannot be effected, or such transaction has been effected by some other Deed, Instrument of Writing duly stamped or in the case of a Pro- missory Note, Bill of Exchange, or the like by nou-delivery to the payee or person acting on his behalf or from other cause the same is never brought to use, and in the case of a Bill of Exchange other than a Bill

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